2003 (8) TMI 592 - HC - Indian Laws

Summary

Issues Involved:
1. Whether the award passed by the Lok Adalat can be executed through a civil court.
2. Whether the executing court has the authority to extend the time fixed in an award passed by the Lok Adalat.
3. Whether the decree holder was ready and willing to execute the sale deed within the stipulated time.
4. Whether the decree holder is entitled to get the sale deed executed through court.

Issue-Wise Detailed Analysis:

1. Execution of Lok Adalat Award through Civil Court:
The respondent-decree holder filed an Execution Petition alleging non-compliance by the revision petitioner with the terms of the compromise, seeking execution of the sale deed through the court. The court held that under Section 21 of the Legal Services Authorities Act, the award of the Lok Adalat shall be deemed to be a decree of a civil court and is executable as such. The court also noted that the Lok Adalat has jurisdiction to determine and arrive at a compromise or settlement between the parties to a dispute, including pre-litigation matters. Therefore, the award passed by the Lok Adalat can be executed through the civil court.

2. Authority to Extend Time Fixed in Lok Adalat Award:
The court examined whether it has the authority to extend the time fixed in the award passed by the Lok Adalat. It was concluded that the Lok Adalat is not a court and does not possess the powers of a civil court conferred under the Code of Civil Procedure. The Lok Adalat only certifies an agreement between the parties, and the original award is signed by the parties and the panel. The civil court, therefore, does not have jurisdiction to vary the terms of the award or extend the time agreed upon by the parties.

3. Readiness and Willingness to Execute the Sale Deed:
The court analyzed whether the decree holder was ready and willing to execute the sale deed within the stipulated time. The evidence showed that the decree holder issued a notice on 3.10.2001, two days before the last date for executing the sale deed. The notice was returned unclaimed, and the court found discrepancies in the postal endorsements, making it difficult to apply the presumption of service under Section 27 of the General Clauses Act. The court concluded that the decree holder did not prove readiness and willingness to execute the sale deed within the stipulated time, as he had no money to pay the agreed amount of Rs. 9,50,000/-.

4. Entitlement to Execute the Sale Deed through Court:
The court held that since the decree holder failed to offer the amount within the period agreed upon, his right to get the sale deed executed through the court is extinguished. The only remedy available to the decree holder is to recover Rs. 3,50,000/- from the revision petitioner, as stipulated in the award. The court remanded the Execution Petition to the executing court for this limited purpose.

Conclusion:
The Civil Revision Petition was allowed, setting aside the order directing the respondent to deposit Rs. 9,50,000/- and permitting execution of the sale deed through the court. The amount deposited was ordered to be refunded to the respondent. The Execution Petition was remanded to the executing court for the realization of Rs. 3,50,000/- as agreed upon in the Lok Adalat award.